Ok, I have read all I can read, and have begun trying to move forward. This is what has been done to date. I sent a demand for deletion to two collection agencies 30 days ago. They have not responded. These accounts are less then a year old. I have never recieved any statement from them. Now, Do I dispute with the credit agencies first, or make another request from the collection agencies? I'm a little fuzzy on this. Some people have said that since the time these negative tradeline appeared, and now is to long to dispute them with the collection agencies. Others say it matters not. I am confused on this part. Since the collection agencies have not sent me proof that these tradelines are indeed mine, and I dispute the information with the credit agengies, and they inturn verify the information, this is a violation? Do I demand that the collection agency delete the information since they have not provided me proof? Still Confused.
Welcome MrGaribald! Are you sending them certified return receipt? Send a second letter (you'll find a follow up letter in the sample letters). Then when they still don't respond, send a copy of both letters, a copy of your signed greencards to the CRA's with a letter from the sample letters (edited for your situation) for the CRAs or a simple "I sent this, they refuse to validate, please remove it from my credit report." Good Luck!
I'm sorry, My post read "demand for deletion", it should have read demand for validation. My apologies.
I'm a little fuzzy on this. Some people have said that since the time these negative tradeline appeared, and now is to long to dispute them with the collection agencies. Others say it matters not. I am confused on this part. MrGaribald ][ [] () () () )( {}{} }{ }{ No you're not These folks are >>>>>Some people have said that since the time these negative tradeline appeared, and now is to long to dispute them with the collection agencies.
Ok, I have read all I can read, MrGaribald ========================= But did you read the right things like theseGET THE BASICS HERE. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ***************** >
No problem. Just go to straight talk link above and click on sample letters and you can find it there.
Re: Re: Newbie trying hard OR here *************** GET THE BASICS HERE. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ***************** >
Re: Re: Newbie trying hard Ok, let me try and get this straight. Even though I have sent a DV to the CA, they are in no way obligated to reply with a 30 day time frame. So technicaly, they have until dooms day to supply you with validation. No matter when the debtor, ie. ME found the CA entry in my credit file? But the CRA has a 30 day time frame, and if the CA does not validate or verify, not sure which is which still, in their time frame the CRA has to delete even though the CA has not supplied proper validation the the debtor? So, Im my case, I have sent out two DV to two CA's, they have not validated, and probably never will to me, now I sent out disputes to the CRA's, and they attempt to verify the information, and if the CA verifies to them without validating to me, they are in violation? Law is NOT my cup of tea.
Re: Re: Newbie trying hard 1*So, Im my case, I have sent out two DV to two CA's, they have not validated, and probably never will to me, now I sent out disputes to the CRA's, and they attempt to verify the information, and if the CA verifies to them without validating to me, they are in violation? 2*Law is NOT my cup of tea. ======================= 1*Ya got it 2*It don't have ta be to milk em. Also if the CAs don't note on your reports that you disputed the debt it's another $1000 violation. This applies to each CRa so there is a potential of $6000 in violations .
Re: Re: Newbie trying hard Ok so... Given the above facts, sent out DV's to 2 CA's. No reply and no validation. One CA has infact noted on ONE CRA report that the account is in dispute, but no others. The other CA has not noted anyting anyplace. Unless I'm missing something in the must read for newbs, what is the time frame for the CA to notate the items in dispute? Do they have one? So, to keep from getting confused, lets use one CA, the one that has partially notated the item in dispute. They do not validate with me, but verify with the CRA, Ok, Thats a violation. But is that grounds to have to item removed? I cant see how. Ok, they violated the law, but what compells them to remove the item? Ok, so lets assume that the CA indeed verifies with the CRA, and the CRA says they verified, it's yours. I sent a letter to the CRA saying, nope sorry, the CA did not validate with me, but since the CA has no set time frame, why would the CRA care? The CA could say yes, we indeed validated. Do they have to PROVE it with some type of empiricle evidence to the CRA or just say "ya ya, it's his." Maybe I need to read more, because I'm seeing a continuous loop here. I dont see a definitive bottom line here. If a a debtor sees some type of negative entry in his reports and asks for validation from the CA and disputes it with the CRA, and the CA knowing full well that they cannot verify of validate, does so, you have them in violation and can sue. Ok, great. But, knowing full well that they will never collect on the debt, they pass it along to another bottom feeder CA, and the proccess begins again. But again, perhaps I'm missing the golden paragraph that makes it all click. I do apprecieate everyones help on this. these are the last two derog'd on my credit reports, and I would like to make them go away forever. Then again, it would have been better to have never gotten into this 7th level of hell in the first place. But......
They don't have to validate... BUT they can't continue to collect on the account UNTIL they provide you with adequate validation. This is why as soon as you request the validation from them, you then dispute it with the CRAs because UNTIL they validate with you, they cannot respond to the CRAs. And when they don't respond to the inquiry to the CRA, the CRA removes it from your credit report. Yes it's a violation. You simply send to the CRA a copy of your letter and a statement that all collection activity was frozen until they validate with you, which they have not and therefore, their report from the CA is a violation and DEMAND that it be removed instantly (some threaten under suit - but you have to really mean it). What compells them is your PROMISE of legal action against them. Now... in a perfect world..... but in reality, you may have to file suit to get them to understand you are serious. The CRA would care if they thought you were going to sue if they don't remove. They know that if it's frozen by your demand and your demand has not been satisfied that the CA is not suppose to validate with them. The CRA has a time frame of 30 days. When asking for validation, typically they only use your name and address (which is why it's a good thing if you can have the address that is associated with the debt removed) to validate it. If they do, there's a letter for that too. <ggg> Does this help?
Thank you all, It helps alittle. there are stil some areas that I admit to still being a little fuzzy. I understand the idea behind the "1-2 Punch", which is that the CA cannot respond to the CRA when the debtor disputes the tradeline. If the CA cannot respond, then the CRA must delete. ( Yes ? ) Well, This is what I am going to do. Since I have already sent the DV letter to the two CA's, and since only one has noted on my records, with one CRA the item is in dispute, and since neither has supplied me with validation, I will dispute the tradelines with the CRA, and go from there. I believe this is the only path to take. If the CA's verify with the CRA's, then I will have more ground to stand on??? in the way of violations, and possible leverage in the near future to negotiate a PFD with them. OR, would it be a better idea to contact the OC, do a song and dance, convince them to recall the account and agree to pay the accounts in full for a complete deletion of the account. ?????? Or is that a tremendous waste of time and resources?
The time to pay the OC directly is when it's a medical collection. Then offer the pay to delete and use HIPAA to remove the CA once paid. My understanding is that if it's NOT a medical collection, they make the PTD offer to the CA.
I do appreciate all of your help here people. I sent out today, disputes to all 3 CRA's. So I will hang back now and see what transpires next. Still have not recieved any validation from the CA's, and if the concensus is correct, I dont think I will. Sooooo.... Tick Tock...
Re: Re: Newbie trying hard Ok, Now that I am at home, and done with my studies for the day, Let me elaborate on my last post. My wife called me today, around 2:30pm, saying she just got a call at her place of employment from someone claiming to be from the original creditor. They wanted to speak to me. She asked who was calling and they told her that they needed to update their telephone numbers for this account. She again asked who was calling and what was this about, they just spoke over her and again repeated they needed to update thier telephone records and need to speak with me. She wasn't able to get a word in other then to say that "I'm sure he would like to speak with you". They just spoke over her and told her that I would have to deal with the collection agency and hung up. Huh.. So, I fired off a phone call to the orignal creditor, asking what was this about? They do not have an inhouse collection department and could not tell me anything really. They would not call saying they where from xxx company. So I aksed her, the nice girl from xxx company who was completely confused, who did do thier collections, and she gave me the phone number and tranfered me to them. Sure enough, it was one of the collection agencies I am in dispute with. Now I'm ticked off.
